Sarah E. Carpenter

Representative Matters Representation of a large design-build contractor in an international infrastructure matter adverse the U. S. Army Corps of Engineers before the U. S. Court of Federal Claims regarding claims (in excess of $100 million) of differing site conditions, changes, and delays. Representation of a design-build contractor in a heavy civil matter adverse to the U. S. Army Corps of Engineers before the ASBCA regarding claims of differing site conditions, changes, delays, and breach of good faith and fair dealing. Following a two-week trial, a favorable judgment was obtained on behalf of the client. Representation of a design-build contractor in an infrastructure matter adverse to NAVFAC before the U. S. Court of Federal Claims regarding claims of differing site conditions, changes, and Government-caused delays. Served as counsel during a three-week trial. Representation of a large design-build contractor in an infrastructure matter adverse the Bureau of Overseas Buildings Operations involving claims regarding a negative Contractor Performance Assessment Report (CPAR). Representation of a large design-build contractor in a nuclear power infrastructure matter adverse NAVFAC involving claims regarding a negative Contractor Performance Assessment Report (CPAR). Representation of a DBE subcontractor in an infrastructure matter adverse the Veterans Administration involving claims of differing site conditions, changes, delays, and breach of good faith and fair dealing. Representation of a design-build contractor of large public-private partnership (P3) transit project in state court actions regarding claims (in excess of $800 million) of breach of contract and payment bond claims. Served as on-site project counsel to the design-build contractor of one of the largest public-private partnership (P3) mass-transit infrastructure projects in the United States by providing daily advice to the project team regarding a host of issues ranging from RFIs and backcharges to claim analysis and preparation. Representation of a design-build contractor of large solar farm project in a federal court action involving claims (in excess of $100 million) of negligence, nuisance, trespass, and punitive damages. Representation of a design-build contractor of large solar farm project before an arbitration panel involving claims (in excess of $30 million) of delay and defective construction. Representation of a large general contractor on a commercial design-bid-build project in a state court action adverse to owner and numerous subcontractors regarding alleged construction defects. Representation of a large general contractor on a commercial design-bid-build project in a 12-party state court action adverse to owner, A/E entities, and subcontractors regarding claims of defective plans and specifications, improper construction administration, and construction defects. Honors and Awards Florida Super Lawyers Rising Star, 2016-2025 Articles & Publications Key Takeaways From the GAOs Bid Protest Report to Congress for Fiscal Year 2024, Post, National Association of Surety Bond Producers, December 31, 2024 New DOL Final Rule Regarding the Davis-Bacon and Related Acts Will Have Significant Impacts on Contractors, Surety Bond Quarterly, Summer 2023 Adjacent or Virtually Adjacent Under the Davis Bacon Act, Deep Foundations, March/April 2022 Best Practices for Federal Contractors Participation in Performance Evaluations, Construction Executive, July 13, 2021 Contractor and Surety Considerations for Davis Bacon Act Compliance, ABA Fidelity & Surety Law Newsletter, Spring 2020 The OFCCPs November 2019 Updated Technical Assistance Guide: What Every Federal Construction Contractor Should Know. Consensu Docs. February 2020 Sureties Should Review and Bolster Their Express Rights and Remedies Under Their Standard Indemnity Agreements in Consideration of Recent Court Rulings Limiting Quia Timet Cause of Action, Post, National Association of Surety Bond Producers, February 28, 2020 Potential Pitfalls Under the Contract Disputes Act, Surety Bond Quarterly, Winter 2018, Vol. 5, Issue 4 The Contract Disputes Act: What Every Contractor and Surety Professional Should Know, Part 1 of 2, Surety Bond Quarterly, Fall 2018, Vol. 5, Issue 3 Smith Curries Common Sense Contract Law Winning a GAO Protest, Part I: Inside a Successful GAO Bid Protest-Unreasonable Technical Evaluation, (March 10, 2025)Key Takeaways from the GAOs Bid Protest Report to Congress for Fiscal Year 2024, (December 31, 2024)The Duty to Proceed: With the rise of mega-projects, the duty to proceed poses increased risks for contractors and sureties., (August 26, 2024)Project Labor Agreements Are Now Required for Large-Scale Federal Construction Projects: What Every Federal Government Contractor and Subcontractor Needs to Know, (June 18, 2024)AGC Fed Con 2024 Wrap-Up: Partnering and PLAs, (June 18, 2024)New DOL Final Rule Regarding the Davis Bacon and Related Acts Will Have Significant Impacts on Contractors, (August 14, 2023)Implementation of the OSHA COVID-19 Vaccination and Testing Emergency Temporary Standard is On Hold Once Again!, (January 13, 2022)Maryland Public-Private Partnerships (P3s): What Every Contractor and Subcontractor Need to Know, (March 15, 2021)Adjacent or Virtually Adjacent Under the Davis Bacon Act - What Every Contractor and Surety Professional Should Know, (March 12, 2021)UPDATE: The Families First Coronavirus Response Act: What Every Employer Should Know, (April 2, 2020)The DOL Provides Answers and Guidance to Employers regarding COVID-19, (March 20, 2020)The Families First Coronavirus Response Act: What Every Employer Should Know, (March 20, 2020)Ban the Box - Now Effective in Maryland and Coming to Federal Projects Soon, (March 2, 2020)The OFCCPs November 2019 Updated Technical Assistance Guide: What Every Federal Construction Contractor Should Know, (February 20, 2020)What Employers Need to Know Regarding Employee-Friendly Changes to Maryland Law Effective October 1, 2019, (October 2, 2019)Potential Pitfalls Under the Contract Disputes Act for Federal Government Contractors, (February 26, 2018)The Contract Disputes Act: What Every Federal Government Contractor Should Know, (January 29, 2018)A Flimsy Facade Provides No Shelter: Personal Liability and the Project Architect - What is Meant by Piercing the Corporate Veil?, (June 21, 2016) Presentations Webinar - Davis-Bacon & Related Acts Update - August 31, 2023 Live from D. C. - Smith Curries Spring Update Seminar - May 12-13, 2022 - National Harbor, MDVirtual Seminar: Update on Vaccine Requirements - December 1, 2021 Virtual Seminar: HR Considerations and Labor Laws Related to Executing Federal Contracts - March 31, 2021 Webinar: Where are We Now? CM Liability and COVID-19 Challenges - January 2021 AGC FEDCON Federal Construction Law & Regulation Workshop - June 10, 2019 - Washington, DC (Effective Project Communication: From the Job Trailer to the Court Room)ASA-Smith Currie Corporate Wellness Seminar - June 1, 2018 - National Harbor, MDVirtual Seminar - Traditions and Innovation: What You Need to Know About Project Delivery Today - May 8, 2018